Shina Chhajed @ Shehnaj Shaikh v. State Of Maharashtra

911-ABA-3623-22.doc Shabnoor A. Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3623 OF 2022 Shina Chhajed @ Shehnaj Shaikh ...Applicant V/s.

State of Maharashtra ... Respondent Mr. Zaid A. Qureshi, for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

CORAM

:N. R. BORKAR, J.

DATED :2 FEBRUARY 2023 P.C.:

1.

This is an Application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The Applicant is apprehending her arrest in Crime No.678 of 2022 registered at Dehuroad police station, Pune, for the offences punishable under Sections 353, 504, 506 r/w 34 of the Indian Penal Code.

3.

I have heard the learned Counsel for the applicant and learned APP for the State.

4.

According to the prosecution, on 8 November 2022 the present applicant and other co-accused came to the police station to lodge the complaint against one Shahoor Kazi and his wife. It is alleged that though said Shahnoor Kazi was summoned to the police station and non-cognizable offence was registered, the present applicant created a ruckus and threatened to commit

911-ABA-3623-22.doc suicide, if no action is taken against Shahnoor Kazi. It is alleged that police personnel were abused and they were prevented from discharging their duty.

5.

The learned Counsel for the applicant has tendered the undertaking of the applicant, which reads thus: "I further say and submit that after releasing on prearrest bail by this Hon'

ble Court I undertake that I will not indulge in such kind of activities in future and I also state that I will abide all the conditions stipulated by this Hon'ble Court while granting prearrest bail to me."

6.

There appears to be no need of custodial interrogation. Considering this fact and in view of the undertaking of the applicant, I am inclined to release the applicant on anticipatory bail. Hence, the following order is passed:

i.

Application is Allowed.

ii.

In the event of arrest of the applicant in Crime No. 678 of 2022 registered at Dehuroad police station, Pune, for the offences punishable under Sections 353, 504, 506 r/w 34 of the Indian Penal Code, she be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two sureties in the like amount. iii. The State is at liberty to file the application for cancellation of bail, if the undertaking is breached. (N. R. BORKAR, J.)